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TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE DO NOT USE THE SITE.

COPYRIGHT
All content included on this site, such as text, graphics, logos, icons, images, and software, is the property of Software Performance Systems, Inc. and/or its content suppliers and is protected by U.S. and international copyright laws. The arrangement (meaning the compilation, collection, and assembly) of all content on this site is the exclusive property of Software Performance Systems, Inc. and is protected by U.S. and international copyright laws. All software used on this site is the property of Software Performance Systems, Inc. or its software suppliers and is protected by U.S. and international copyright laws.

TRADEMARKS
"Software Performance Systems, Inc.", "SPS Golf Management Solutions","GolfGopher", "GolfGopher.com", and "PlayGolfTomorrow.com" are registered trademarks of Software Performance Systems, Inc. in the U.S. and other countries. Other images, titles, names, characters, and company names used on this site may be the trademarks or registered trademarks of their respective owners. The trademarks of Software Performance Systems, Inc. may not be used in connection with any product or service that does not belong to Software Performance Systems, Inc., in any manner that is likely to cause confusion for customers or in any manner that disparages or discredits Software Performance Systems, Inc.

USE LIMITATION
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any images, graphics, files, software, products, information, or services obtained from this site without the express prior written consent of Software Performance Systems, Inc. By using this site you further agree that you will not "frame" any of the content of this site with advertising, promotional material, information, or other content without the express prior written consent of Software Performance Systems, Inc.

CONTENT REQUESTS
Any requests for use of content from this site must be submitted, in writing, via mail or facsimile to the following address:

SPS Golf Management Solutions
c/o Software Performance Systems, Inc.
11318 Shannon Ct.
La Plata, MD 20646
Fax: (301)934-4098
Please note that we cannot process any requests that are not submitted in writing. We estimate a minimum of 3-4 weeks from the date of submission before being able to respond to any such requests, however, please note that this timing estimation may be subject to variation.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this site, you warrant to Software Performance Systems, Inc. that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Further, by using this site you agree that you will not violate or attempt to violate the security or integrity of the site, including, without limitation, accessing data not intended for users of the site; attempting to probe, scan, or test the vulnerability of the site to security breaches; attempting to interfere with service to users of the site (including, without limitation, submitting a virus or corrupted data to the site, overloading the site, or continuously posting repetitive material on the site); attempting to decompile, disassemble, or otherwise reverse engineer the content or software comprising or making up part of the site; and sending unsolicited advertising or other communications to users of the site.

BOOKING AND CANCELLATION
Maximum number of golfers per reservation is four. The quantity of tee times made available by each course is not guaranteed. (NOTE - For PlayGolfTomorrow reservations - All reservations require pre-payment by credit card at the time of purchase. No refunds or cancellations.)

LIABILITY DISCLAIMER
SOFTWARE PERFORMANCE SYSTEMS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION CONTENT MATERIALS OR PRODUCTS INCLUDED HEREIN THAT ARE PROVIDED ON AN "AS IS" BASIS. SOFTWARE PERFORMANCE SYSTEMS, INC., TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY.

SOFTWARE PERFORMANCE SYSTEMS, INC. DOES NOT WARRANT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Software Performance Systems, Inc. will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages or damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of this site. Software Performance Systems, Inc. does not endorse and assumes no responsibility for the accuracy or content of the views, opinions, comments, recommendations, or suggestions posted on this site from readers or others.

LINKS TO THIRD-PARTY VENDOR SITES
This site contains a link or links to third-party vendor sites. These links are provided solely as a convenience to you, and the inclusion of any such link does not imply endorsement by Software Performance Systems, Inc. of such third-party site(s) or the contents thereof. SOFTWARE PERFORMANCE SYSTEMS, INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF THE LINKED THIRD-PARTY VENDOR SITE(S) AND MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENTS, ACCURACY, OR FUNCTIONALITY OF THE LINKED THIRD-PARTY VENDOR SITE(S). IF YOU USE THE LINKED THIRD-PARTY VENDOR SITE(S), YOU DO SO AT YOUR OWN RISK.

NO UNAUTHORIZED LINKING
By using this site you agree that you will not create any links to or from this site to another site without the express prior written consent of Software Performance Systems, Inc.

ACCESS RESTRICTION
Software Performance Systems, Inc., in its sole discretion, reserves the right to deny any user access to this site or any portion thereof without notice.

MODIFICATION OF THESE TERMS AND CONDITIONS
Software Performance Systems, Inc. reserves the right to change, modify, add or delete this Terms and Conditions of Use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on this website, or by electronic or conventional mail, or by any other means which User obtains notice thereof. Any use of the site after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

JURISDICTIONAL ISSUES
Unless otherwise specified, the materials on this web site are presented solely for the purpose of reservation of golf rounds and other services in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Software Performance Systems, Inc. from its offices within the Commonwealth of Virginia, USA. Software Performance Systems, Inc. makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DISPUTE RESOLUTION
Any disputes arising pursuant to or under this Agreement or use of this web site shall be settled by arbitration in Virginia in accordance with the Rules of the American Arbitration Association and judgment upon the award rendered by the Arbitrator(s) may be entered in any court in Virginia having jurisdiction thereof.

APPLICABLE LAW
This site is created and controlled by Software Performance Systems, Inc. in the Commonwealth of Virginia, U.S.A., and as such the laws of the Commonwealth of Virginia will govern the terms and conditions herein without giving effect to any principles of conflicts of laws. If any of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

TERMINATION
This agreement is effective until terminated by either party. You may terminate this agreement at any time by giving notice to teetimes@gosps.com, discontinuing your use of the site for golf reservations and destroying all materials obtained from this site and all related documentation and all copies and installations thereof, whether made under these Terms and Conditions of Use or otherwise. This agreement will terminate immediately without notice from Software Performance Systems, Inc. if in Software Performance Systems, Inc. sole discretion you fail to comply with any section of this Terms and Conditions of Use. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whether specified in this Terms and Conditions of Use or otherwise.

SERVICE CONTACT
You may contact teetimes@gosps.com with any questions or problems about the operation of this site.